By law, parents are obliged to support their minor children, regardless of whether they live with them or not, and even in the event of deprivation of parental rights. The amount of alimony and the date of their payment can be agreed upon by mutual agreement. If you have not come to such an agreement, then you must file a claim with the court for the compulsory calculation of alimony.
Necessary
- -statement of claim
- -copy of the statement of claim
- -copy of marriage certificate (or its dissolution)
- -copy of the birth certificate of the child (children)
- -certificate from the defendant's place of work on the amount of wages and on deductions from it
- -certificate from housing authorities about finding a child (children) dependent on the plaintiff
Instructions
Step 1
The application must be written in accordance with the requirements of article No. 131-132 of the Civil Procedure Code of the Russian Federation. In any court, there is a form for the correct registration of a statement of claim. If you find it difficult to write a statement on your own, then you can always contact a professional lawyer for help.
Step 2
In the statement of claim, you must indicate the name of the court to which you are applying. Indicate the city or region where the court is located.
Surname, name, patronymic of the plaintiff, that is, you. Your registration address.
Step 3
Surname, name, patronymic of the defendant, that is, the person for whom you are filing for alimony. His registered address and address of his actual place of residence.
Step 4
Next, write a statement of claim for the recovery of alimony for a child or for children and indicate the number of children.
Step 5
Describe when you married the defendant citizen, until what date of the month and year you lived together. When the marriage is dissolved, you must indicate the day, month and year. If the marriage is not dissolved, but you do not live together, then indicate from what day of the month and year the joint household is not conducted. If you are married and living together, indicate that you are living together.
Step 6
Indicate that there are children from a joint marriage, and in what quantity. Write down the name of each child, the day of the month and the year of birth of each of the children.
Write that the children are dependent on you, that the respondent does not give financial assistance for the maintenance of the children.
Does the defendant have other children besides yours, and whether deductions are made from him according to orders of execution in favor of other children.
Step 7
Then you need to write: In accordance with article No. 80, No. 81 of the Family Code of the Russian Federation, I ask you to recover from (indicate the name, patronymic and address of the defendant, native of which region or city). In my favor, alimony for (indicate the names of the children and the date of birth of each child). In the amount of all types of earnings monthly, starting from the date of application and until the age of majority of children.
Step 8
Submit the documents and the defendant is awarded the payment of alimony from the date of filing the statement of claim. The amount of alimony will depend on whether the defendant still has minor children.
